As development activity continues to grow, developers increasingly face environmental obligations related to impacts on wetlands, waterways, protected species, and habitat. Conservation and mitigation banks provide a market-based mechanism for satisfying those obligations by purchasing environmental credits.

These banking systems can help manage permitting risk, project timelines, and long-term compliance responsibilities. They also present unique opportunities for landowners and investors seeking to generate value from environmental assets.

Key Takeaways:

  • Conservation and mitigation banks generate credits used to offset environmental impacts.
  • Purchasing credits can provide greater certainty around permitting, timing, and liability.
  • Permittee-responsible mitigation may remain an option in certain circumstances.
  • Conservation and mitigation banks have emerged as a distinct environmental asset class.

For a detailed analysis of conservation and mitigation banking, key considerations for developers and investors, and the opportunities and risks associated with these environmental assets, read the full article here.

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Photo of Ben Criswell Ben Criswell

Ben Criswell is an associate in Stoel Rives’ Real Estate group with a focus on energy, agriculture, and natural resource projects. He represents clients in the purchase, sale, leasing, financing, and development of real property.

Click here to read Ben Criswell’s full bio.

Photo of Ankur Tohan Ankur Tohan

Ankur Tohan is an experienced advisor who helps clients manage their interests in energy infrastructure projects and natural resource development. With a primary focus on renewable energy and carbon management, Ankur supports clients with matters related to permitting, compliance, citizen and governmental enforcement…

Ankur Tohan is an experienced advisor who helps clients manage their interests in energy infrastructure projects and natural resource development. With a primary focus on renewable energy and carbon management, Ankur supports clients with matters related to permitting, compliance, citizen and governmental enforcement actions, and navigating regulatory challenges. His work spans renewable and conventional power, infrastructure development, carbon capture and sequestration, waste-to-energy projects, and carbon credit transactions.

Ankur advises across a wide spectrum of federal and state environmental, permitting, and enforcement regimes related to wildlife and natural resource management, pollution control, and hazardous waste cleanup. He regularly works with clients on matters involving cornerstone statutes such as the Migratory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection Act (BGEPA), Endangered Species Act (ESA), Federal Land Policy and Management Act, Clean Water Act (CWA), Safe Drinking Water Act, Toxic Substances Control Act, Clean Air Act (CAA), National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and Washington’s Model Toxics Control Act (MTCA).